MOBILE, Ala. -- A white district fire chief who accused the city of Mobile of discriminating against him when it promoted a black fire department official will get his promotion -- but to a different post and three years later.

U.S. District Judge Kristi DuBose approved a settlement this week between the city and William C. Hunter, a longtime veteran of the Mobile Fire-Rescue Department.

Hunter applied for a deputy chief position and ranked second on testing administered by the Mobile County Personnel Board. For one of three open posts, the city selected black District Chief Govan Mike Trenier, who ranked sixth. The city also tapped two younger white applicants, who had ranked first and third.

Hunter filed a lawsuit alleging race and age discrimination.

Under terms of the settlement, the city does not admit that it discriminated on the basis of either race or age. But it agrees to elevate Hunter to the position of fire administrator -- subject to approval of the Personnel Board -- and to make the promotion retroactive to Dec. 8, 2007.

That will have advantages when it comes to Hunter's pension, which is calculated based on an employee's salary during the highest three years.

But payments for back pay and benefits will be limited to amounts negotiated by the parties, according to the agreement.

Andy Rutens, an attorney for the city, said he could not comment on how much the city will pay because a few details have not yet been finalized. He said he should be able to disclose more in about a week.

"This is a matter that has been settled agreeably by all parties," said Ed Smith, an attorney for Hunter.

Attorneys said the city agreed to promote Hunter to fire administrator because that is a post that was open. The fire administrator is charged with budgeting, purchasing, billing and overseeing fire department supplies.

"It is not exactly comparable" to the deputy chief position, Smith said. But he added that it is not necessarily a worse position. "There is a subjective quality to things."

Rutens said he does not anticipate any problems with promising the fire administrator job to Hunter and excluding other officers from applying.

"You have the court order," he said. "I think that would be superceded by the court order."

Trenier served previously as fire administrator. His promotion to the post in 2002 set off a discrimination lawsuit from a white fire captain with far more seniority.

The plaintiff in that case, Alan Sylvester, won a judgment from a federal jury and later negotiated a $300,000 settlement to end an appeal.